Bonum Certa Men Certa

Microsoft Patent Trolls and IBM Against 35 U.S.C. €§ 101 and for Software Patents, Blackmail

They hardly even manage to keep it a secret any longer

Telling secrets



Summary: With the Defend Trade Secrets Act of 2016 gaining traction and with Section 101 limiting the scope of patents in the United States we now see increased lobbying and trolling by companies on the decline -- companies whose last remaining 'asset' is a large pile of software patents

THE enforcement of software patents has become very hard in the US. Many no longer bother with it, so litigation numbers dropped sharply. This is a positive development; unless or except for those who make a living from litigation (patent trolls, lawyers and so on).

"Copyrights do a good enough job protecting one's code from misuse."Our latest post on trade secrets certainly was a celebration of the shift away from patents, at least for software. Copyrights do a good enough job protecting one's code from misuse. Here is some mainstream media coverage about this trend:

Trade secrets claims are an increasingly common avenue companies are using to safeguard their intellectual property rights.

Trade secrets litigation has grown as the digital age has made sharing information quick and easy. In addition, the Defend Trade Secrets Act, passed in 2016, raised trade secrets from simply a state law claim to a federal one.

“Intellectual property holders are increasingly aware they have this tool in their arsenal,” Michael W. De Vries, with Kirkland & Ellis LLP in Los Angeles, told Bloomberg Law. De Vries has substantial experience representing clients in complex intellectual property disputes including patent litigation and litigation involving misappropriation of trade secrets.


We've already seen this law being used/leveraged in the context of software. One famous case concerns Sergey Aleynikov.

"Call these "AI" or "cloud" or "blockchain" or whatever, but these are still software patents and even holders of such patents know they'd be rendered invalid by courts (if brought into the context of litigation)."In the wake of Section 101 with Alice (SCOTUS) embodied in it we're seeing a fall in success rates of software patent litigation. Call these "AI" or "cloud" or "blockchain" or whatever, but these are still software patents and even holders of such patents know they'd be rendered invalid by courts (if brought into the context of litigation). Here comes Stephen O'Neal (yesterday in a blockchain-oriented/cryptocurrency-centric site) 'blockchain-washing' a bunch of software patents. To quote:

Last week, news of at least three major players applying for blockchain-related patents emerged: Bank of America sought to legally protect its blockchain-based system allowing the external validation of data, Barclays filed two patent applications relating to the transfer of digital currency and blockchain data storage, while MasterCard’s application mentioned a form of a public blockchain-based method for linking assets between blockchain and fiat accounts.

As blockchain technology continues to be one of the most discussed things in 2018 and a subject for mass adoption, the number of crypto-related patents is steadily growing — and with patent trolls joining the game, a legal war over blockchain might occur in the future.


There are indeed "patent trolls joining the game," but they too must know that those are software patents and therefore Alice is a threat to them. If they target (engage in extortion against) small companies, they will likely be able to avoid a legal battle. Other than that, they can hope and pray that Alice will just miraculously vanish. IBM lobbyists together with IPO have been working towards that for years; they have created a whole "task force" for this purpose, accompanying IBM's massive war of patent aggression. IBM's latest case of patent blackmail has been going public (due to a lawsuit). They do this to probably hundreds of firms behind closed doors and Bloomberg did a report about it last week, as did many other press outlets. Last week we saw IBM's patent chief (Manny Schecter) associating with and contributing to Watchtroll again. Citing Watchtroll about Mayo/Section 101, he said: "The Court in Alice did not state what "something more" might be? Of course they didn't. The Court declined to define "abstract" so how can one know what is significantly more than something as yet unidentified?"

"Algorithms are abstract," I told him. Software patents "are therefore over [and IBM] needs to learn to deal with it and stop blackmailing the whole world."

"It's worth noting that both IBM and Microsoft not only attempt to leverage software patents for extortion; they also attempt to change the law to facilitate this massive (multi-billion) extortion racket."As we noted here in the recent and distant past, Microsoft now pretends that it "loves Linux", so Microsoft has 'outsourced' patent litigation against GNU/Linux to various patent trolls.

We've just noticed that there's this Section 101 (35 U.S.C. €§ 101) case between Interval Licensing LLC and AOL (maybe the same "Interval" as Interval Research Corporation, the creation of Microsoft's co-founder; according to Wikipedia they overlap). It's a Federal Circuit (CAFC) case which Patent Docs covered earlier this week:

Interval Licensing brought an action against AOL and several other defendants in the Western District of Washington, alleging infringement of U.S. Patent No. 6,034,652. In a previous ruling, all asserted claims of this patent were invalidated as being indefinite. At issue in this decision are claims 15-18, which were subsequently ruled invalid for failing to recite patent-eligibile subject matter under 35 U.S.C. €§ 101.

[...]

Applying step one of Alice, the Court quickly concluded that the claimed invention was directed to "providing information to a person without interfering with the person's primary activity." This, in and of itself, is an abstract idea according to the Court due to it being analogous to news tickers on television programs, for example. The Court also frowned upon the claim's "broad, result-oriented" structure that "demands the production of a desired result (non-interfering display of two information sets) without any limitation on how to produce that result."


So Alice stopped this Microsoft-connected troll, which previously also attacked Android. It's worth noting that both IBM and Microsoft not only attempt to leverage software patents for extortion; they also attempt to change the law to facilitate this massive (multi-billion) extortion racket.

Recent Techrights' Posts

IBM Eliminating Over 20,000 IBM Workers by Year's End, Insiders Claim
the layoffs are silent
The Register MS Publishes More Word Salads Promoting "AI" Because It's Paid to Do So
Hype, name-dropping, and scaremongering
Linux Foundation is Plagiarism Hub, Linux is at Risk From It
Torvalds never looked weaker and more compromised
 
Like Uber, Paypal's Debt Has Shot Up 2.5 Billion Dollars in 3 Months, Now the Mass Layoffs Come to India
even reducing the salaries by offshoring isn't enough to save the company
Microsoft "engineers who aren’t critical are let go" this week/month (silent layoffs)
"stack ranking"
Is Microsoft Trying to Kill What's Left of XBox by Year's End?
How many people will still bother purchasing these consoles by the end of the year?
SLAPP Censorship - Part 170 Out of 200: Downtimes
Yesterday traffic skyrocketed here
Gemini Links 03/09/2026: Google Maps, Gemini's Early History, and Suppressing Slop Plagiarists
Links for the day
Links 03/09/2026: Unsafe Skies, Thunderbird Adopts Proprietary / Vendor Lock-in Traps, "Xbox Live Down Again"
Links for the day
Growing Thirst for Free Software, the LibreOffice Edition
LibreOffice is in "high demand"
Links 03/09/2026: John Ternus Enters Apple Amid Mass Layoffs, Journalist İrem Delice Arrested
Links for the day
Stallman.org Down Due to Virtual Machines Issue, "Senior Engineers are Investigating the Issue" Since Saturday
RMS site down due to virtual machines issues upstream
Gemini Links 03/09/2026: Back in Japan, Another New Year, Reasons to Avoid Have a "Smart" "Phone", and Rant About Built-in Batteries
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 02, 2026
IRC logs for Wednesday, September 02, 2026
Identi.ca is Practically Dead, Just Like All Social Control Media (Eventually)
All Social Control Media is a waste of time
Gemini Links 02/09/2026: Intentions, Publishing on Workstations, and Connectivity Standards Alliance (CSA)
Links for the day
GNU/Linux Reaches 6% in Nepal
Today I checked GNU/Linux in Nepal again
SLAPP Censorship - Part 169 Out of 200: Calling People "Nazis"
'Cancel culture' in action
GNU Turns 43 This Month, GNU/Linux Turns 35 Next Year
It seems like no area of computing has not been impacted by the GNU/Linux revolution
Uber Debt Grew 2.5 Billion Dollars in 3 Months, Company Lays Off at Least 10% of Workforce
The media repeats the "official" numbers
Links 02/09/2026: The Machine Stops, AuraSearch, and DOOM 1/2
Links for the day
1-1 Meetings at IBM This Week, PIPs Expected, Maybe RAs Too
As usual, we invite whistleblowers to tell us what's going on
Links 02/09/2026: Germany Blames Russia for Leipzig Airport Drone Attack and China Gains Power as US Faces Humiliation in the Midst of Presidential Cover-up
Links for the day
Quit Talking About "AI Layoffs" and Talk About How Chatbots and Other Bots Broke Recruitment Processes by Cheating
Bots talking to other bots isn't HR; it's a catastrophe
It's Inevitable Anyway, So...
of course blame Chinese Communists for the "anti-AI" messages
Robotics Isn't "Hey Hi", Robotics Isn't New Either
Is the official Arduino blog becoming shilling platform for Qualcomm's "hey hi" [so-called 'intelligent'] chips?
Giving 'Free Publicity' to the People You Hate and Attack
Be careful what you wish for in social control media
Today We'll Focus on Growth of GNU/Linux
We've meanwhile noticed that Clownflare statistics for north American nations show 19% of requests (CDN) originating from GNU/Linux
IBM Secret (or Silent) Layoffs in September 2026
We need whistleblowers
Gemini Links 02/09/2026: GAFAM's E-mail Cartel, ROOPHLOCH 2026, and Homeworlds
Links for the day
Not Only Microsoft and IBM Hide Layoffs (Secret Layoffs) and Fail to Follow the Law (or Bypass It)
Microsoft's tactics are not so unique
People Who Participate in the Slop Plagiarism Pyramid Scheme and the Moral Dilemma (What's Acceptable for a Salary?)
giant pyramid scheme
State of the Slop, Linux Edition
Whether slop about "linux" becomes rarer by the end of this year, well... time will tell
Links 02/09/2026: 'Open' 'AI' (Proprietary Slop Plagiarism) Destroying Evidence, "Data Center Backlash Has Officially Rattled Scam Altman"
Links for the day
Andrew Lee Has Turned Freenode Into a Slopfarm (Because Who Needs IRC Anyway?)
The site is churning out slop all day long
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 01, 2026
IRC logs for Tuesday, September 01, 2026
FSF Staff Uses 'CoC' to Stop Conversation About Autistici/Inventati in Relation to Free Software
The list is already heavily moderated
IBM Allegedly Stopped Hiring (This Tends to Coincide With Mass Layoffs)
Is a hiring freeze an echo of layoffs? Yes, definitely.
SLAPP Censorship - Part 168 Out of 200: When Choosing Clients Recklessly and Poorly Self-Harm is Inevitable
"If you're doing something hard and nobody hates it, you probably aren't doing it. If the right people hate it and those people happen to be some of the worst people alive, so much the better."
Something Big is Happening at IBM This Week/Month
Some people at IBM (and Red Hat) are panicking
Gemini Links 01/09/2026: Biscuits, Epstein Files, Power Users, and Alhena 5.6.8
Links for the day
Links 01/09/2026: Almost 5,000 Missing/Dead in Nepal-China Flood and Marijuana Factory Explodes
Links for the day
September at IBM: Silent Layoffs on Day 1
PIPocalypse at IBM
Last Month IRC Entered Its 39th Year and It's Still Growing (New IRC Networks)
There are 511+ known IRC networks
Links 01/09/2026: Climate, Disinformation, Microsoft Overworking People
Links for the day
Richard Stallman's Site Still Offline (Third Day), But Richard Stallman is Active Online
he is busy online despite his site not being accessible so far this week
PIP Layoffs at Microsoft, Even in India
Microsoft is trying to hide the true scale of the layoffs
Layoff Trackers Are a Sham, They're Like US 'Unemployment Data'
Layoff trackers are similarly misleading as they only measure what companies openly admit and register with WARN notices
The Peculiar Case of OSNews, Which Experiments With Slopfarming
It wasn't published in error. It has been there for two months.
Russian Federation is Removing Windows From Computers
Windows is going "out of fashion"
XBox CEO Has No Clue What She is Selling
Some people believe Microsoft will parcel and offload the whole "gaming" unit to some other companies
analognowhere.com and xkcd.com Selling Physical Copies of Webcomics
That's one way to support their work
PIP/GVSA at Microsoft: Mass Layoffs Disguised as Something Else
Microsoft is trying to cheapen the workforce because the numbers don't add up
Microsoft Lunduke Uses Twitter ("X") Because It's Algorithmically Designed to Boost His Worldview/s, He Ignores What "X" Is
Maybe all those people really deserve one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 31, 2026
IRC logs for Monday, August 31, 2026
Censorship by Threats
It should be noted that the Web site of Richard Stallman will soon enter its third day of downtime
In Romania, GNU/Linux Reaches 6%, According to Clownflare
Tomorrow we'll see the latest data from statCounter (for September)
Gemini Links 01/09/2026: Denali Park Train Trip, Crafts, and Community-Building in smol.pub
Links for the day
Microsoft Workers Doing 80 Hours a Week After Microsoft Culled Their Colleagues
there are days when they work 17 hours a day (barely any time left to sleep and eat) and work starts at 5AM
IBM Defrauds Shareholders With Fake News (Bribed Press) About "Quantum"
That says a lot about the state of "Tech Giants" and also the utterly shameless state of the media
Record Highs for GNU/Linux, Especially in the United States of America
the "market share" of GNU/Linux is about 9%, still about a third of what Vista 11 stands at